What is the proper approach to determining whether s. 3(2)(a or s.3(2) of the Guidelines applies?
British Columbia, Canada
The following excerpt is from Mohamed v Martone, 2019 BCSC 38 (CanLII):
The proper approach to determining whether s. 3(2)(a) or s. 3(2)(b) of the Guidelines applies is set out in McClement v. McClement, 2017 BCCA 416 at para. 12, as follows:
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